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Neighbor cut my bushes

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hohi05

Junior Member
State: PA

My property has bushes that are approximately 8' tall (and about 20 years old). They run the full length of my property (left and right from front to back of my house). I don't know what type of bush it is but basically, it has small green leaves and they result in a "fence" that creates a very private yard for me.

The week of July 4th '06 I went on vacation. While I was out of town, he cut my bushes from 8' in height to 4' and was approximately 50% the lenght of the property before another neighbor "suggested" that he talk to me b4 continuing.

So here's where things stand:
1. immediately upon my discovery, I took plenty of pictures including the enourmous brush pile that was still in his driveway. I also had previous photos of my yard so they serve as a "before and after."
2. I talked to him and let him know I was beyond shocked to see what he did to my property.
3. He claimed he thought it was his property - I showed him the survey marker which showed otherwise. Not that this makes a difference but I'm told by neighbors that he knew it was my property but he really didn't like the bushes - hence the reason he cut them while I was on vaca.
4. I didn't want to create bad blood so I didn't pursue legal action at that time.
5. 11 months later, the bushes MIGHT have grown 2-3' (well below the remainder of my bushes even after I did my Spring cutting). It looks ridiculous to have such a difference in height but I'm not willing to further destroy my privacy just to even them out.
6. In the past 11 months, while I had been interested in keeping good blood, he has actually become very sarcastic and seems vengeful (e.g. tried reporting me to the township for having a compost bin!???)
7. AND LAST BUT NOT LEAST... 2 weeks ago (Mother's Day weekend) he AGAIN trimmed the bushes. :mad:

So now, enough's enough. I need to take steps ...if nothing else... to make sure he doesn't continue to cut them.

1. Does anyone know if I have legal ground to pursue what I consider "destruction of property" or is it too late? I want to add that he told me that the reason he cut them (initially) was 1) to create a better view and 2) because he wanted more sun in his yard.
2. I read another posting of a somewhat similiar scenario and the advise was to call the police. I hadn't even thought to file a report. Wouldn't it be enough to go right to a lawyer or is the police report the first step?

Thanks!What is the name of your state?
 


FarmerJ

Senior Member
file the police report now before more time goes by. It will help you more than you can imagine. Then bring with you the copy of the report and your damage pics when you see the atty.
 

BoredAtty

Member
In all likelihood, going to the police won't get you far. They'll tell you they don't get involved in disputes over property lines, etc, and to take it to civil court.

You do have a case in civil court against your neighbor for the replacement cost for bushes of the same size. You may want to start the process by getting an appraisal of how much it will cost to replace the affected bushes. Next, send your neighbor a demand letter with a copy of the appraisal. Last, assuming he won't pay, file suit.

I don't know what the statute of limitations is for this in PA, but it's surely at least 1 year, and probably 2 or 3 years (perhaps another member who wants to research the issue can answer that). I would check that out asap as well just in case it's only 1 year.
 

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